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Topic: Tasers and Stun Guns in NJ (Read 1037 times)

NJ Taser and Stun gun law« on: November 11, 2017, 04:41:40 PM »NJ recently was taken to court by the New Jersey Second Amendment Society(NJ2AS.org) and the States 30+ year old law on tasers was deemed unconstitutional. Will USLAWSHIELD cover the members for any issues we may have carrying these protection devices?

The US LawShield program covers the use of any legal weapon in a place that weapon is legally possessed. In addition, our program in New Jersey covers any incident where our member is criminally charged with a violation of New Jersey Statutes 2C:39-3 or 2C:39-5 involving a firearm, weapon, ammunition, or large capacity magazine.

I am hearing from gun groups that attorneys in NJ are not consistent in whether or not tasers are legal to carry. I would like to know from TXUSLawshield if they believe the law allows us to carry. I do not want to get caught up in a legal matter by being arrested and loosing my job and my freedom in life.

Under NJ law, weapons are frequently governed by multiple statutes at the same time. So for example, there are per se prohibitions under 2C:39-3 for weapons such as switchblade knives, dirks, daggers, and stilettos.

Then there is also the general prohibition in 2C:39-5(d) on possession of weapons under circumstances not manifestly appropriate for such lawful uses as it may have.

For example, even though a dagger is subject to the per se prohibition of 2C:39-3, it is almost certainly also subject to the more general prohibition of 2C:39-5(d). So if, tomorrow, the legislature repealed the per se prohibition of daggers from 2C:39-3, a dagger would still be a weapon and therefore subject to the more general prohibition found in 2C:39-5(d).

So now applying that to stun guns. Stun guns were previously per se illegal under 2C:39-3(h). The result of the lawsuit is that 2C:39-3(h) was stricken as unconstitutional. So it is no longer per se illegal.

But a stun gun is still a weapon under 2C:39-1(r), and so it is almost certainly subject to the more general prohibition of 2C:39-5(d), that is, under circumstances not manifestly appropriate for such lawful uses as it may have. (Possession in one's home is exempted under 2C:39-6e.) The lawsuit did nothing to change this, nor do the new proposed regulations.Under the New Jersey case of State v. Kelly, self defense does not count as a "lawful use" under 2C:39-5(d). The term "weapon" is very broadly defined under NJ Law. Thus, many items that fit the definition of "weapon" also have non-weapon uses, such as a baseball bat. So the idea is that the closer you are to possessing a weapon for its non-weapon purpose (like possession of a baseball bat at a baseball game), the better off you are under 2C:39-5(d).

So now applying this to stun guns, its hard to imagine carrying a stun gun in public for a non-weapon purpose. What are you doing with it? Herding cattle in Newark? Without such a non-weapon purpose, carrying around a stun gun poses a very substantial risk one could be charged with violating 2C:39-5(d).

Please review the email sent to me from the NJ Attorney Generals Office regarding the Stun Guns.

Your correspondence to Attorney General Porrino concerning stun guns has been referred to me for reply.

As of October 22, 2017, in accordance with a Consent Order entered in the United States District Court, prior statutory prohibitions against selling or possessing stun guns in New Jersey have been declared unconstitutional. By virtue of this ruling, New Jersey is now on similar footing as 39 other states that allow stun guns with limited or no restrictions so, unless there is a change to the law, no permit or license will be required to obtain or possess a stun gun. However, the State Police have proposed a rule, expected to be adopted in December, prohibiting minors under the age of 18 from obtaining or possessing stun guns. Law enforcement has been directed to adhere to this rule, pending adoption and thereafter. In addition to the proposed regulations, current statutory provisions that establish restrictions on stun guns remain in force and effect, including laws that prohibit felons and incompetent persons from possessing stun guns, possession on school grounds, possession for an unlawful purpose, and possession under circumstances not manifestly appropriate for such lawful uses as a stun gun may have.